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(영문) 대전고등법원 2013.05.08 2013노89
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error 1) A traffic accident may not be deemed to have been caused by the victim’s injury requiring medical treatment for two weeks due to minor traffic accidents. 2) The Defendant: (a) opened a so-called so-called so-called so-called “diculing”; (b) went back to a house with the knowledge of the completion of the measurement by sound that the measurement was completed; and (c) did not have concealed it with the intention of refusing to take a drinking test.

B. The lower court’s sentencing (fine 6 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the court below rejected the above assertion by stating in detail the Defendant’s assertion and its decision under the title “determination of the Defendant and the defense counsel’s assertion” in the judgment of the court, on the same grounds as the grounds of appeal of this case concerning mistake of facts.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and it cannot be said that there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unreasonable sentencing, the Defendant is driving a vehicle in drinking conditions.

It is highly likely to cause a traffic accident to be criticized, and it is difficult to see that the situation is significant in light of the content and attitude of the legal argument in this case.

However, since the defendant was punished for refusing to take a alcohol level, he has lived in good faith without any prior conviction for 12 years from the date of his death. The vehicle driven by the defendant has been covered by a comprehensive insurance and has been recovered to some extent, and the victim does not want to be punished, and the defendant is a beneficiary of basic life level 3 with delay disability, and other conditions of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, occupation, living environment, background leading to the crime, method of the crime, circumstances after the crime, etc.

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